Sunday, June 1, 2008

Smelly Panty Hose Feet

conceptual distinction between "execution" and "jurisprudence" A Song for Jorsh


"The word jurisprudence currently maintains various uses language which I wish to explain, before making a slight comment on the Peruvian case. Thus, one of the first senses is the science of law, meaning home Roman despite having fallen into disuse before his apparent lack of rigor, is still used in European law. The term is also used improperly jurisprudence as a synonym for supreme enforceable and / or substantial decisions of the courts. Finally, it is considered doctrinal guidance line by the courts of one country.

is the last of the meanings indicated which has gained consensus on doctrinal circles and the scientific and legal community. So that the case studied in two basic contemporary semantic content, such as creative expression of law arising from legal practice and as uniform and systematic theoretical constructs that guide, and on a mandatory (binding) or suggested (observant), work Judges practice is the dominant paradigm and American common law, and which is increasingly in-Germanic civil law continental Europe (Germany, Italy, France, Switzerland, Spain, etc..), which are tax Latin countries in terms of positive law and doctrine.

is usual, sometimes identified with the concept of law enforcement, which is incorrect because while both have obvious relationships, not confuse you enter them. The ultimate decision is enforceable in law and practice that gives the court (in our country, the Supreme Court of the Republic) or giving the courts or judicial panels (criminal, civil, constitutional, labor, etc.) When ultimately resolved. So you can rightly say: "the civil Supreme Executory date ...", or" Criminal Superior Executory date ... "The enforcement is thus a material content, concrete, objective manner. The case, however, as doctrinal line orientation is judicial intellectual development is a set of enforceable that have laid the doctrinal position homogeneously the court (or court) on a topic or aspect of the legal reality. The executions are legal parts will contain (although this will not always be the case) the jurisprudential orientation, it can vary or be improved further. In addition, enforcement is the document that ultimately decides, while jurisprudence is the content and doctrinal guidance that is present in a homogeneous group of executing. "


Taken verbatim from the book:" Crimes against Public Administration "Fidel Rojas Vargas. Third updated edition. Editorial Grijley. Lima, Peru. 2002. Pages 95-96.